Category Archives: Families

Family life is unitary in nature: KF (Syria) overturned by Tribunal 

Al Hassan & Ors (Article 8: entry clearance: KF (Syria)) [2024] UKUT 234 (IAC) (04 July 2024) The Upper Tribunal has held that the jurisdiction of the European Convention on Human Rights is primarily territorial, but as observed in SSHD v … Continue reading →

Posted in Article 8, Asylum, Entry Clearance, Families, Human Rights, Immigration Rules, Lady Hale, Proportionality, Refugee Convention, Syria | Tagged , , , , , , | Leave a comment

Court of Appeal: De facto adoption rules seem to be irrational

R (AK & Ors) v The Entry Clearance Officer (Islamabad) & Anor [2021] EWCA Civ 1038 (09 July 2021) In these proceedings concerning an application for permission to appeal, the court commented, but it did not decide, that there is … Continue reading →

Posted in Adoption, Adoption Convention, Afghan War, Appeals, Article 14, Article 8, Asylum, Children, Court of Appeal, ECOs, Entry Clearance, Families, Immigration Rules, Judicial Review, Refugee Convention, Settlement, Spouses, Tribunals | Tagged , , , , , , , , , , | Leave a comment

Supreme Court dismisses deportation appeal of settled Iranian national who lawfully entered the UK as a child

Sanambar v Secretary of State for the Home Department [2021] UKSC 30 (16 July 2021) The Supreme Court unanimously dismissed Mr Sanambar’s appeal and held that the Upper Tribunal correctly approached the balancing exercise required by article 8 of the ECHR and it … Continue reading →

Posted in Appeals, Article 8, Asylum, Automatic Deportation, Deportation, ECHR, ECtHR, Families, Immigration Act 2014, Immigration Rules, Iran, Public Interest, Removals, Settlement, Tribunals, UKSC | Tagged , , , , , , , , | Leave a comment

Extortionist visa application fees caused “colossal interference” with Windrush victim’s right to family life

Mahabir & Ors v Secretary of State for the Home Department [2021] EWHC 1177 (Admin) (06 May 2021) Mrs Lynda Mahabir came to the UK as a baby aged two months in 1969. She lived in the UK until 1977 … Continue reading →

Posted in Article 14, Article 8, Children, ECtHR, Entry Clearance, Families, Hostile Environment, Judicial Review, Proportionality, Racism, Trinidad and Tobago, Windrush | Tagged , , , | Leave a comment

Strasbourg finds Nigerian man’s deportation violated article 8

Unuane v United Kingdom – 80343/17 [2020] ECHR 832 (24 November 2020)  In the case of Mr Unuane, a Nigerian national, who had been deported from the UK after a conviction for offences relating to falsification of immigration documents, the … Continue reading →

Posted in Article 8, Automatic Deportation, Children, Court of Appeal, ECHR, ECtHR, Families, Immigration Act 2014, Immigration Rules, Nigeria, UKSC | Tagged , , , , , , , , | Leave a comment

Jamaican father of four British children wins in Court of Appeal

KB (Jamaica) v Secretary of State for the Home Department [2020] EWCA Civ 1385 (28 October 2020)  The Court of Appeal has held that FTTJ Gurung-Thapa had not erred in law by allowing a foreign criminal’s deportation appeal when she … Continue reading →

Posted in Article 8, Automatic Deportation, Children, Court of Appeal, ECHR, Families, Immigration Act 2014, Jamaica, Public Interest, s 55 BCIA, Spouses, Tribunals, UKBA | Tagged , , , , , , , , | Leave a comment

Pakistan and Child Abduction: Lahore High Court holds ‘Hague Convention is not an extradition treaty’

Pakistan is notorious for child abduction. In the case of Sumayyah Moses v SHO and Others (Writ Petition No. 74048 of 2019) PLD 2020 Lahore 716, the Lahore High Court explained that the Hague Convention on the Civil Aspects of International … Continue reading →

Posted in Cases, Child Abduction, Children, Citizenship and Nationality, Court of Appeal, Expert Evidence, Extradition, Families, Family Court, Foreign law, Habitual Residence, Hague Convention, Inherent Jurisdiction, Islam, Judicial Review, Lahore High Court, Nationality, Pakistan, South Africa | Tagged , , , , , , | Leave a comment

Lahore High Court ruling on Pakistan and Child Abduction

In Abid Hussain (Petitioner) v Rukhsana Munir and others (Respondents) 2020 YLR 1533 Lahore, Miss Aalia Neelum J directed Pakistan’s police authorities to produce two Dutch girls of Pakistani origin, who had been abducted by their own mother and then taken … Continue reading →

Posted in Child Abduction, Children, Citizenship and Nationality, Divorce, Families, Family Court, Habitual Residence, Hague Convention, Judicial Review, Lahore High Court, Netherlands, Pakistan | Tagged , , , , , , | Leave a comment

“Unduly harsh” and “very compelling circumstances”: Court of Appeal signals simplified approach in deportation cases

AA (Nigeria) v Secretary of State for the Home Department [2020] EWCA Civ 1296 (9 October 2020)  The Court of Appeal has yet again examined KO (Nigeria) v SSHD [2018] UKSC 53, discussed here, and the meaning of “unduly harsh” and … Continue reading →

Posted in Article 8, Court of Appeal, Deportation, ECHR, Families, Immigration Act 2014, Immigration Rules, Nigeria, Proportionality, Public Interest, Tribunals, UKSC | Tagged , , , , , , , , , | Leave a comment

Lahore High Court ruling on forced conversion to Islam

In Nasira v Judicial Magistrate and 5 others Writ Petition No. 45156 of 2019/PLD 2020 Lahore 489, the Lahore High Court granted a petition under Article 199 of the Constitution of Pakistan 1973 by a Christian woman called Nasira where she sought … Continue reading →

Posted in Article 9, Asylum, Children, Conversion, ECHR, Families, Foreign law, Guardianship, India, Islam, Lahore High Court, Pakistan, Persecution, Tribunals | Tagged , , , , , , | 1 Comment

Court of Appeal clarifies asylum bars in child abduction cases

G (A Child: Child Abduction) [2020] EWCA Civ 1185 (15 September 2020)  The Court of Appeal has held that Lieven J (the High Court Judge) had been wrong to stay proceedings on the basis that there was a bar to … Continue reading →

Posted in Article 8, Asylum, Child Abduction, Children, Court of Appeal, ECHR, Families, Habitual Residence, Hague Convention, High Court, Immigration Rules, International Law, Lady Hale, Pakistan, Refugee Convention, Removals, South Africa, Spouses, UKSC | Tagged , , , , , , , , , , , | Leave a comment

Court of Appeal reviews the meaning of “unduly harsh”

HA (Iraq) v Secretary of State for the Home Department [2020] EWCA Civ 1176 (04 September 2020)  The appeals of HA and RA, both Iraqis, concerned the terms of Part 5A of the Nationality, Immigration and Asylum Act 2002 (especially … Continue reading →

Posted in Article 8, Asylum, Automatic Deportation, Children, Citizenship and Nationality, Court of Appeal, ECHR, Families, Immigration Rules, Iraq, Lady Hale, Parliament, Proportionality, Public Interest, Removals, Spouses, Tribunals, UKSC | Tagged , , , , , , , , , , , | Leave a comment

A look at the new Home Office adoption guidance 

The new guidance Adopted children and children coming to the UK for adoption (Version 1.0) was published by the Home Office on 23 July 2020. It informs decision-makers how to decide applications for leave to enter or remain in the … Continue reading →

Posted in Adoption, Adoption Convention, Article 8, Children, Citizenship and Nationality, ECHR, Families, Habitual Residence, Immigration Rules, Nationality, s 55 BCIA, Settlement, UKSC | Tagged , , , , , , , , | Leave a comment

How do Pakistani courts approach child abduction cases?

What can be said about the approach taken by the Pakistani courts in child abduction cases? Little is known about this topic and of course since Pakistan is a new entrant to the Hague Convention on the Civil Aspects of … Continue reading →

Posted in Child Abduction, Children, Families, Forced marriage, Guardianship, Hague Convention, Islam, Lahore High Court, Muslims, Pakistan, Racism, Scotland, Spouses | Tagged , , , , , , | Leave a comment

Court of Appeal on Nikah and non-qualifying ceremonies

HM Attorney General v Akhter & Ors [2020] EWCA Civ 122 (14 February 2020)  This was an important judgment which was given earlier in the year. The Court of Appeal held that an Islamic ceremony of marriage which was not … Continue reading →

Posted in Article 12, Article 8, Divorce, ECHR, Families, Family Court, Human Rights Act, Islam, Nikah, non-marriage, Pakistan, Spouses, UKSC | Tagged , , , , , , , | Leave a comment

NAO report: Home Office is not delivering value for money

The report on Immigration Enforcement by the National Audit Office (NAO) makes poor reading for the Home Office because it “does not yet have a full understanding of how its activities affect the progress those people take through each part … Continue reading →

Posted in Access to Justice, Appeals, Appendix FM, Article 8, Asylum, Culture, Deportation, Detention, Families, Fees, Hostile Environment, Immigration Rules, NAO, Windrush | Tagged , , , , , | Leave a comment

NRPF regime breaches Article 3 of the ECHR and is unlawful

R (W, A Child By His Litigation Friend J) v The Secretary of State for the Home Department & Anor [2020] EWHC 1299 (Admin) (21 May 2020) The “no recourse to public funds” or “NRPF” condition produces the effect of … Continue reading →

Posted in Article 3, Children, COVID-19, ECHR, Families, Fees, Hostile Environment, Human Rights Act, Immigration Act 2014, Immigration Act 2016, Immigration Rules, Judicial Review, NRPF, UKSC | Tagged , , , , , | 2 Comments

Upper Tribunal: Policy on fee waivers is unlawful 

In R (otao Dzineku-Liggison) v SSHD [JR/2249/2019], the UT held that the Home Office’s policy on fee waivers, namely the Fee Waiver: Human Rights-based and other specified applications, version 3.0 (dated 4 January 2019), is unlawful. UTJ Blundell took the … Continue reading →

Posted in Article 3, Article 8, Cases, Children, ECHR, Families, Fees, Hostile Environment, Human Rights Act, Immigration Rules, Judicial Review, Removals, Tribunals | Tagged , , , , , | Leave a comment

Royal Marine gambler with two sons loses deportation battle

LE (St Vincent and the Grenadines) v The Secretary of State for the Home Department [2020] EWCA Civ 505 (07 April 2020)  The Court of Appeal has held that section 117C(5) of the Nationality, Immigration and Asylum Act 2002 applies … Continue reading →

Posted in Afghan War, Appeals, Article 8, Children, Court of Appeal, Deportation, ECHR, Families, Immigration Act 2014, Iraq, Proportionality, Public Interest, Tribunals, UKSC | Tagged , , , , , , , | Leave a comment

Court of Appeal: Section 117B(6) of the NIAA 2002 requires a “fact-finding” approach

Runa v Secretary of State for the Home Department [2020] EWCA Civ 514 (08 April 2020)  In this appeal Singh LJ accepted, and Baker LJ and Cobb J concurred, the submission that section 117B(6) of the Nationality, Immigration and Asylum … Continue reading →

Posted in Article 8, Children, Court of Appeal, ECHR, Families, Human Rights Act, Immigration Act 2014, Immigration Rules, Proportionality, Public Interest, Removals, UKSC | Tagged , , , , , , , , | Leave a comment